New York Takes Paid Leave Seriously

Employers in New York should take note of recent developments related to paid leave to ensure they understand the various statutes as it appears leave related laws are a priority for law makers in New York right now.

As I reported in a previous blog post, New York City regulations related to the Earned Safe and Sick Time Act (ESSTA) became effective in October. Now, effective March 20, 2024, employees will have a private right of action to enforce their ESSTA rights. Previously employees only recourse was to submit complaints to the New York City Department of Consumer and Worker Protection, which would investigate and determine whether a violation existed. Providing a private right of action to employees increases the liability on employers who fail to properly comply with ESSTA and provides plaintiffs’ attorneys with another claim to throw at employers. As a result, employers should ensure their policies and practices related to ESSTA are up to date and compliant.

 Furthermore, New York State, or at least Governor Hochul, has indicated paid leave will be a top priority for her with her leave-related proposals in her proposed budget, specifically:

  • Paid leave for pre-natal appointments: An extension of the New York State Paid Family Leave Law (NYPFL) to provide up to 40 additional hours of paid leave for pre-natal appointments. This would be in addition to the current law’s allotment of 12 weeks of paid leave.

  • Providing job protection during disability leave: Adding job protection and continued health benefits while employees are receiving disability pay. The amount of time one would be permitted to remain on disability benefits and job protected leave would remain the same as the caps for benefits now, which is 26 combined weeks (inclusive of any NYPFL time) within a 52 week period. There has also been a proposal to phase in an increase of the maximum benefit amount paid per week from the current maximum weekly amount of $170 to be linked to the statewide average weekly wage.

  • Ensuring paid lactation breaks of up to 20 minutes.

 Whether these proposals are enacted depends upon whether the budget is passed as proposed. The budget is currently being reviewed by the legislature, with the next hearing on February 14, 2024. In the meantime, based upon the above, it appears clear employees’ rights, and specifically as it relates to their paid time off, is a current priority to both the State and City, and employers should review such policies and practices to ensure they remain in compliance.

 If you are an employer who has questions about your sick leave policies or implementation and management, contact ELS for more information.

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